Bill Text: IL HB5670 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of the offense of predatory criminal sexual assault of a child is eligible (rather than not eligible) for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or sentences. Provides that a person who was under the age of 21 and is serving a sentence for first degree murder or a term of natural life imprisonment shall be eligible for parole review by the Prisoner Review Board after serving 40 years or more of his or her sentence or sentences.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5670 Detail]
Download: Illinois-2019-HB5670-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-4.5-115 as follows:
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6 | (730 ILCS 5/5-4.5-115) | |||||||||||||||||||
7 | Sec. 5-4.5-115. Parole review of persons under the age of | |||||||||||||||||||
8 | 21 at the time of the commission of an offense. | |||||||||||||||||||
9 | (a) For purposes of this Section, "victim" means a victim | |||||||||||||||||||
10 | of a violent crime as defined in subsection (a) of Section 3 of | |||||||||||||||||||
11 | the Rights of Crime Victims and Witnesses Act including a | |||||||||||||||||||
12 | witness as defined in subsection (b) of Section 3 of the Rights | |||||||||||||||||||
13 | of Crime Victims and Witnesses Act; any person legally related | |||||||||||||||||||
14 | to the victim by blood, marriage, adoption, or guardianship; | |||||||||||||||||||
15 | any friend of the victim; or any concerned citizen. | |||||||||||||||||||
16 | (b) A person under 21 years of age at the time of the | |||||||||||||||||||
17 | commission of an offense or offenses, other than first degree | |||||||||||||||||||
18 | murder, and who is not serving a sentence for first degree | |||||||||||||||||||
19 | murder and who is sentenced on or after June 1, 2019 (the | |||||||||||||||||||
20 | effective date of Public Act 100-1182) shall be eligible for | |||||||||||||||||||
21 | parole review by the Prisoner Review Board after serving 10 | |||||||||||||||||||
22 | years or more of his or her sentence or sentences, except for | |||||||||||||||||||
23 | those serving a sentence or sentences for : (1) aggravated |
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1 | criminal sexual assault or predatory criminal sexual assault of | ||||||
2 | a child, who shall be eligible for parole review by the | ||||||
3 | Prisoner Review Board after serving 20 years or more of his or | ||||||
4 | her sentence or sentences or (2) predatory criminal sexual | ||||||
5 | assault of a child who shall not be eligible for parole review | ||||||
6 | by the Prisoner Review Board under this Section . A person under | ||||||
7 | 21 years of age at the time of the commission of first degree | ||||||
8 | murder who is sentenced on or after June 1, 2019 (the effective | ||||||
9 | date of Public Act 100-1182) shall be eligible for parole | ||||||
10 | review by the Prisoner Review Board after serving
20 years or | ||||||
11 | more of his or her sentence or sentences, except for those | ||||||
12 | subject to a term of natural life imprisonment under Section | ||||||
13 | 5-8-1 of this Code or any person subject to sentencing under | ||||||
14 | subsection (c) of Section 5-4.5-105 of this Code , who shall be | ||||||
15 | eligible for parole review by the Prisoner Review Board after | ||||||
16 | serving 40 years or more of his or her sentence or sentences . | ||||||
17 | (c) Three years prior to becoming eligible for parole | ||||||
18 | review, the eligible person may file his or her petition for | ||||||
19 | parole review with the Prisoner Review Board.
The petition | ||||||
20 | shall include a copy of the order of commitment and sentence to | ||||||
21 | the Department of Corrections for the offense or offenses for | ||||||
22 | which review is sought. Within 30 days of receipt of this | ||||||
23 | petition, the Prisoner Review Board shall determine whether the | ||||||
24 | petition is appropriately filed, and if so, shall set a date | ||||||
25 | for parole review 3 years from receipt of the petition and | ||||||
26 | notify the Department of Corrections within 10 business days. |
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1 | If the Prisoner Review Board determines that the petition is | ||||||
2 | not appropriately filed, it shall notify the petitioner in | ||||||
3 | writing, including a basis for its determination. | ||||||
4 | (d) Within 6 months of the Prisoner Review Board's | ||||||
5 | determination that the petition was appropriately filed, a | ||||||
6 | representative from the Department of Corrections shall meet | ||||||
7 | with the eligible person and
provide the inmate information | ||||||
8 | about the parole hearing process and personalized | ||||||
9 | recommendations for the inmate regarding his or her work | ||||||
10 | assignments, rehabilitative programs, and institutional | ||||||
11 | behavior. Following this meeting, the eligible person has 7 | ||||||
12 | calendar days to file a written request to the representative | ||||||
13 | from the Department of Corrections who met with the eligible | ||||||
14 | person of any additional programs and services which the | ||||||
15 | eligible person believes should be made available to prepare | ||||||
16 | the eligible person for return to the community. | ||||||
17 | (e) One year prior to the person being eligible for parole, | ||||||
18 | counsel shall be appointed by the Prisoner Review Board upon a | ||||||
19 | finding of indigency. The eligible person may waive appointed | ||||||
20 | counsel or retain his or her own counsel at his or her own | ||||||
21 | expense. | ||||||
22 | (f) Nine months prior to the hearing, the Prisoner Review | ||||||
23 | Board shall provide the eligible person, and his or her | ||||||
24 | counsel, any written documents or materials it will be | ||||||
25 | considering in making its decision unless the written documents | ||||||
26 | or materials are specifically found to: (1) include information |
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1 | which, if disclosed, would damage the therapeutic relationship | ||||||
2 | between the inmate and a mental health professional; (2) | ||||||
3 | subject any person to the actual risk of physical harm; (3) | ||||||
4 | threaten the safety or security of the Department or an | ||||||
5 | institution. In accordance with Section 4.5(d)(4) of the Rights | ||||||
6 | of Crime Victims and Witnesses Act and Section 10 of the Open | ||||||
7 | Parole Hearings Act, victim statements provided to the Board | ||||||
8 | shall be confidential and privileged, including any statements | ||||||
9 | received prior to the effective date of this amendatory Act of | ||||||
10 | the 101st General Assembly, except if the statement was an oral | ||||||
11 | statement made by the victim at a hearing open to the public. | ||||||
12 | Victim statements shall not be considered public documents | ||||||
13 | under the provisions of the Freedom of Information Act. The | ||||||
14 | inmate or his or her attorney shall not be given a copy of the | ||||||
15 | statement, but shall be informed of the existence of a victim | ||||||
16 | statement and the position taken by the victim on the inmate's | ||||||
17 | request for parole. This shall not be construed to permit | ||||||
18 | disclosure to an inmate of any information which might result | ||||||
19 | in the risk of threats or physical harm to a victim. The | ||||||
20 | Prisoner Review Board shall have an ongoing duty to provide the | ||||||
21 | eligible person, and his or her counsel, with any further | ||||||
22 | documents or materials that come into its possession prior to | ||||||
23 | the hearing subject to the limitations contained in this | ||||||
24 | subsection. | ||||||
25 | (g) Not less than 12 months prior to the hearing, the | ||||||
26 | Prisoner Review Board shall provide notification to the State's |
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1 | Attorney of the county from which the person was committed and | ||||||
2 | written notification to the victim or family of the victim of | ||||||
3 | the scheduled hearing place, date, and approximate time. The | ||||||
4 | written notification shall contain: (1) information about
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5 | their right to be present, appear in person at the parole | ||||||
6 | hearing, and their right to
make an oral statement and submit | ||||||
7 | information in writing, by videotape, tape
recording, or other | ||||||
8 | electronic means; (2) a toll-free number to call for further
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9 | information about the parole review process; and (3) | ||||||
10 | information regarding
available resources, including | ||||||
11 | trauma-informed therapy, they may access. If the Board does not | ||||||
12 | have knowledge of the current address of the victim or family | ||||||
13 | of the victim, it shall notify the State's Attorney of the | ||||||
14 | county of commitment and request assistance in locating the | ||||||
15 | victim or family of the victim. Those victims or family of the | ||||||
16 | victims who advise the Board in writing that they no longer | ||||||
17 | wish to be notified shall not receive future notices. A victim | ||||||
18 | shall have the right to submit information by videotape, tape | ||||||
19 | recording, or other electronic means. The victim may submit | ||||||
20 | this material prior to or at the parole hearing. The victim | ||||||
21 | also has the right to be heard at the parole hearing. | ||||||
22 | (h) The hearing conducted by the Prisoner Review Board | ||||||
23 | shall be governed by Sections 15 and 20, subsection (f) of | ||||||
24 | Section 5, subsections (a), (a-5), (b), (b-5), and (c) of | ||||||
25 | Section 10, and subsection (d) of Section 25 of the Open Parole | ||||||
26 | Hearings Act and Part 1610 of Title 20 of the Illinois |
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1 | Administrative Code. The eligible person has a right to be | ||||||
2 | present at the Prisoner Review Board hearing, unless the | ||||||
3 | Prisoner Review Board determines the eligible person's | ||||||
4 | presence is unduly burdensome when conducting a hearing under | ||||||
5 | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | ||||||
6 | Code. If a psychological evaluation is submitted for the | ||||||
7 | Prisoner Review Board's consideration, it shall be prepared by | ||||||
8 | a person who has expertise in adolescent brain development and | ||||||
9 | behavior, and shall take into consideration the diminished | ||||||
10 | culpability of youthful offenders, the hallmark features of | ||||||
11 | youth, and any subsequent growth and increased maturity of the | ||||||
12 | person. At the hearing, the eligible person shall have the | ||||||
13 | right to make a statement on his or her own behalf. | ||||||
14 | (i) Only upon motion for good cause shall the date for the | ||||||
15 | Prisoner Review Board hearing, as set by subsection (b) of this | ||||||
16 | Section, be changed. No less than 15 days prior to the hearing, | ||||||
17 | the Prisoner Review Board shall notify the victim or victim | ||||||
18 | representative, the attorney, and the eligible person of the | ||||||
19 | exact date and time of the hearing. All hearings shall be open | ||||||
20 | to the public. | ||||||
21 | (j) The Prisoner Review Board shall not parole the eligible | ||||||
22 | person if it determines that: | ||||||
23 | (1) there is a substantial risk that the eligible | ||||||
24 | person will not conform to reasonable conditions of parole | ||||||
25 | or aftercare release; or | ||||||
26 | (2) the eligible person's release at that time would |
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1 | deprecate the seriousness of his or her offense or promote | ||||||
2 | disrespect for the law; or | ||||||
3 | (3) the eligible person's release would have a | ||||||
4 | substantially adverse effect on institutional discipline. | ||||||
5 | In considering the factors affecting the release | ||||||
6 | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | ||||||
7 | Review Board panel shall consider the diminished culpability of | ||||||
8 | youthful offenders, the hallmark features of youth, and any | ||||||
9 | subsequent growth and maturity of the youthful offender during | ||||||
10 | incarceration. | ||||||
11 | (k) Unless denied parole under subsection (j) of this | ||||||
12 | Section and subject to the provisions of Section 3-3-9 of this | ||||||
13 | Code: (1) the eligible person serving a sentence for any | ||||||
14 | non-first degree murder offense or offenses, shall be released | ||||||
15 | on parole which shall operate to discharge any remaining term | ||||||
16 | of years sentence imposed upon him or her, notwithstanding any | ||||||
17 | required mandatory supervised release period the eligible | ||||||
18 | person is required to serve; and (2) the eligible person | ||||||
19 | serving a sentence for any first degree murder offense, shall | ||||||
20 | be released on mandatory supervised release for a period of 10 | ||||||
21 | years subject to Section 3-3-8, which shall operate to | ||||||
22 | discharge any remaining term of years sentence imposed upon him | ||||||
23 | or her, however in no event shall the eligible person serve a | ||||||
24 | period of mandatory supervised release greater than the | ||||||
25 | aggregate of the discharged underlying sentence and the | ||||||
26 | mandatory supervised release period as sent forth in Section |
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1 | 5-4.5-20. | ||||||
2 | (l) If the Prisoner Review Board denies parole after | ||||||
3 | conducting the hearing under
subsection (j) of this Section, it | ||||||
4 | shall issue a written decision which states the
rationale for | ||||||
5 | denial, including the primary factors considered. This | ||||||
6 | decision shall
be provided to the eligible person and his or | ||||||
7 | her counsel within 30 days. | ||||||
8 | (m) A person denied parole under subsection (j) of this | ||||||
9 | Section, who is not
serving a sentence for either first degree | ||||||
10 | murder , or aggravated criminal sexual
assault, or predatory | ||||||
11 | criminal sexual assault of a child, shall be eligible for a | ||||||
12 | second parole review by the Prisoner Review Board
5 years after | ||||||
13 | the written decision under subsection (l) of this Section; a | ||||||
14 | person
denied parole under subsection (j) of this Section, who | ||||||
15 | is serving a sentence or
sentences for first degree murder , or | ||||||
16 | aggravated criminal sexual assault , or predatory criminal | ||||||
17 | sexual assault of a child shall be
eligible for a second and | ||||||
18 | final parole review by the Prisoner Review Board 10
years after | ||||||
19 | the written decision under subsection (k) of this Section. The
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20 | procedures for a second parole review shall be governed by | ||||||
21 | subsections (c)
through (k) of this Section. | ||||||
22 | (n) A person denied parole under subsection (m) of this | ||||||
23 | Section, who is not
serving a sentence for either first degree | ||||||
24 | murder , or aggravated criminal sexual
assault, or predatory | ||||||
25 | criminal sexual assault of a child, shall be eligible for a | ||||||
26 | third and final parole review by the Prisoner Review
Board 5 |
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1 | years after the written decision under subsection (l) of this | ||||||
2 | Section. The
procedures for the third and final parole review | ||||||
3 | shall be governed by subsections
(c) through (k) of this | ||||||
4 | Section. | ||||||
5 | (o) Notwithstanding anything else to the contrary in this | ||||||
6 | Section, nothing in this Section shall be construed to delay | ||||||
7 | parole or mandatory supervised release consideration for | ||||||
8 | petitioners who are or will be eligible for release earlier | ||||||
9 | than this Section provides. Nothing in this Section shall be | ||||||
10 | construed as a limit, substitution, or bar on a person's right | ||||||
11 | to sentencing relief, or any other manner of relief, obtained | ||||||
12 | by order of a court in proceedings other than as provided in | ||||||
13 | this Section.
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14 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
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